Topic
Standing
1,072 published works
Minding Your Business
California UCL Standing Requirement — On This You Can Rely
The California Court of Appeal recently confirmed, in case there was any doubt, that plaintiffs must allege (and ultimately prove) actual reliance to adequately state a fraudulent prong Unfair Competition Law claim…
Constitutional Law Prof Blog
No Standing to Challenge Trump’s Election, Petition for Recount
Steven D. Schwinn, John Marshall Law SchoolThree district courts ruled late last week and early this week that petitioners lacked standing (Article III or otherwise) to challenge President-Elect Trump's election,…
PrawfsBlawg
Pennsylvania recount rejected
Main Tuesday, December 13, 2016Pennsylvania recount rejectedOn Monday, District Judge Diamond of the Eastern District of Pennsylvania dismissed the action filed by Jill Stein seeking a recount in Pennsylvania. (H/T:…
Constitutional Law Prof Blog
Second Circuit Says Plaintiff Has Standing for Some, but Not All, Truth-In-Lending Procedural Violations
Steven D. Schwinn, John Marshall Law SchoolThe Second Circuit ruled today that a class representative had standing to challenge a creditor's failure to disclose certain requirements under the Truth In…
Constitutional Law Prof Blog
States Lack Standing to Sue Over California’s Egg Law
Steven D. Schwinn, John Marshall Law SchoolThe Ninth Circuit ruled in Missouri ex rel. Koster v. Harris that six states lacked standing to sue California over its laws protecting hens…
Civil Procedure & Federal Courts Blog
Today’s SCOTUS Oral Argument in Bank of America v. Miami
Today the Supreme Court hears oral argument in Bank of America v. Miami, which involves standing to sue under the Fair Housing Act. Here are the questions presented:By limiting suit…
Media & Privacy Risk Report
Spokeo as a Class-Action Silver Bullet? Two More Dismissals Based on Lack of Concrete Harm
Despite claims from the plaintiffs’ bar that the Supreme Court’s decision in Spokeo Inc. v. Robins, 136 S. Ct. 1540 (2016), did not significantly change the landscape for class actions,…
NextGen Financial Services Report
Spokeo’s Impact (So Far) on FDCPA Claims
Last week, Dykema’s Consumer Financial Services Law Blog discussed in detail the Supreme Court’s decision in Spokeo v. Robins, 136 S. Ct. 1540 (2016). In anticipation of that decision, district…
NextGen Financial Services Report
Spokeo v. Robins: Supreme Court Requires Concrete and Particularized Injury Before Consumers Can Sue Under Federal Statutes, Giving Financial Services Providers an Additional Defense
By Dykema
The United States Supreme Court held earlier this year in Spokeo v. Robins that to maintain Article III standing, a plaintiff must allege an injury-in-fact that was both concrete and…
Class Action Countermeasures
Week in Review: Ascertainability under Rule 23(b)(2) and a Dose of Spokeo
This week we consider the Sixth Circuit’s take on how Rule 23’s ascertainability requirement overlaps with the different pathways to certification under Rule 23(b), as well as some post-Spokeo dismissals…